Terms of Use
Terms governing the Sleep Balance Academy website, accounts, educational content, and non-clinical commercial transactions.
- Published by
- Sleep Balance Academy PC
- Last updated
Contents
Important Dispute Notice
These Terms contain a binding individual arbitration provision and class action waiver for certain non-clinical disputes. Please review Section 13 carefully. You may opt out of arbitration within 30 days as described there. Claims arising from clinical care, professional negligence, informed consent, or other patient-care duties are not covered by the arbitration agreement in these Terms.
Agreement and Scope
These Terms of Use ("Terms") are between you and Sleep Balance Academy PC, an Iowa professional corporation ("SBA," "we," "us," or "our"). They govern your use of sleepbalanceacademy.com and related public websites, customer and patient account functions, educational content, and purchases of products or non-clinical digital offerings from SBA. Clinical care is governed by the clinician-patient relationship, applicable professional and state law, informed-consent documents, our Notice of Privacy Practices, and other clinical policies that specifically apply to the service. Nothing in these Terms changes a clinician's standard of care, limits a patient's clinical rights, or creates a waiver of any right that applicable health care law makes non-waivable. By creating an account, completing a purchase, or otherwise affirmatively accepting these Terms when they are presented to you, you agree to them. Mere browsing, by itself, is not treated as acceptance of contractual provisions that require affirmative agreement.
Eligibility, Accounts, and Representatives
You must be legally capable of entering into the transaction you request. An adult may act for a minor or another person only when the adult has authority under applicable law. We may ask for reasonable evidence of that authority before allowing access to another person's clinical information or making a decision on that person's behalf. Keep account credentials confidential and use only your own account. Notify us promptly if you believe an account has been compromised. We may suspend access when reasonably necessary to protect patients, users, SBA, or the security of the service, and we will restore or otherwise address access as appropriate once the concern is resolved.
Health Information, Educational Content, and Emergencies
General website articles, videos, product descriptions, educational materials, and other public content are provided for general informational purposes. They are not individualized medical advice, a diagnosis, or a prescription. A clinician-patient relationship arises only through an actual clinical encounter or other legally recognized clinical relationship, not merely because you read content, create an account, or purchase a retail product. If you believe you are experiencing a medical emergency, call 911 or seek emergency care. Do not rely on website forms, portal messages, email, or scheduled telehealth services for emergency response.
Products, Orders, Prices, and Payment
Product availability, prices, taxes, shipping charges, discounts, and material purchase terms are presented before checkout. Placing an order is an offer to purchase. We may accept, decline, limit, or cancel an order for legitimate reasons, including availability, pricing or description errors, suspected fraud, legal restrictions, patient-safety concerns, or inability to fulfill the order. If we cancel a paid order before fulfillment, we will issue the appropriate refund.
Some products may require a valid order or prescription from an authorized clinician. A product appearing on the website does not mean it is clinically appropriate for any particular person, and payment does not entitle a person to a prescription, diagnosis, or clinician-ordered product. Shipping, returns, subscriptions, and product warranty matters are governed by the applicable standalone policies presented with or linked from the transaction.
Educational Programs and Digital Content
Unless stated otherwise at purchase, access to courses, educational programs, recordings, handouts, certificates, and other digital content is a limited, personal, non-exclusive, non-transferable license for the access period described at purchase. You may not resell access, share account credentials, reproduce substantial portions, remove proprietary notices, or distribute the content except as permitted by law or by our written authorization. Educational content is not a substitute for independent professional judgment and, unless expressly stated otherwise, does not itself confer a professional credential, license, board certification, or authorization to practice.
Reviews and Other User Content
You retain ownership of content you submit. When you intentionally post content to a public feature of the site, you grant SBA a non-exclusive, worldwide, royalty-free license to host, display, reproduce, format, and moderate that content for operation of the site and promotion of the product or service to which the content relates. We will obtain separate permission before using an identifiable patient's clinical story or protected health information for marketing where authorization is required by law. Do not post information you do not have the right to disclose, including another person's personal or health information. Public reviews are not appropriate channels for confidential clinical communication. Our Reviews and User Content Policy governs moderation and review practices.
Acceptable Use
You may not use the site or any account to violate law; impersonate another person or clinician; gain unauthorized access to accounts, records, systems, or data; interfere with security or availability; introduce malicious code; scrape or bulk-extract protected content in violation of law or technical controls; misuse payment methods, discounts, or refunds; or obtain clinician-ordered items for a person other than the patient for whom they were ordered.
Intellectual Property
The website, software, branding, text, graphics, photographs, videos, course materials, and other content are owned by or licensed to SBA and are protected by copyright, trademark, and other law. Except for the limited rights expressly granted in these Terms, no intellectual-property right is transferred to you. Copyright complaints may be submitted under our Legal Notices.
Third-Party Services and Links
We may use or link to independent services such as payment processors, carriers, identity providers, manufacturers, or external websites. We remain responsible for our own legal obligations, but we do not control a third party's separate website, terms, privacy practices, or independent acts. A link or integration does not by itself mean that SBA endorses every statement or service offered by that third party.
Availability and Changes to the Service
We may maintain, update, replace, or discontinue website features and product offerings. We do not promise uninterrupted access to public website or account functions. Clinical continuity, records access, and patient communications will be handled in accordance with applicable health care and privacy law even when a particular technology is unavailable.
Disclaimers for Website and Educational Content
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PUBLIC WEBSITE AND GENERAL EDUCATIONAL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." SBA DOES NOT WARRANT THAT PUBLIC WEBSITE CONTENT WILL BE ERROR-FREE, COMPLETE, OR SUITABLE FOR A PARTICULAR PERSONAL OR PROFESSIONAL PURPOSE. THIS SECTION DOES NOT APPLY TO THE PROFESSIONAL STANDARD OF CARE FOR CLINICAL SERVICES, DOES NOT DISCLAIM A PRODUCT WARRANTY THAT CANNOT LAWFULLY BE DISCLAIMED, AND DOES NOT LIMIT ANY NON-WAIVABLE PATIENT OR CONSUMER RIGHT.
Limitation of Liability for Non-Clinical Matters
To the maximum extent permitted by law, neither party will be liable to the other for indirect, incidental, special, exemplary, or consequential damages arising solely from use of the public website or a non-clinical commercial transaction, and SBA's aggregate liability for such a claim will not exceed the greater of the amount paid for the transaction giving rise to the claim or $100. These limitations do not apply to clinical care or professional negligence; death or personal injury to the extent liability cannot lawfully be limited; fraud or willful misconduct; product liability that cannot be limited; obligations to refund money for an unfulfilled transaction; privacy or confidentiality rights that cannot be waived; or any other liability that applicable law does not permit us to exclude or limit.
Dispute Resolution for Non-Clinical Claims
13.1 Informal Notice. Before filing arbitration or litigation for a non-clinical dispute, either party may send the other a written Notice of Dispute describing the facts, the basis of the claim, and the requested relief. Notices to SBA may be sent to support@sleepbalanceacademy.com with the subject line 'Notice of Dispute' or to the Legal Notices address below. The parties will attempt in good faith to resolve the matter for 60 days. Any limitations period will be tolled during that period to the extent permitted by law. 13.2 Individual Arbitration. Except for the exclusions below, you and SBA agree that disputes arising from these Terms, the public website, an account, a retail product purchase, or a non-clinical digital purchase will be resolved by binding individual arbitration administered by the American Arbitration Association under its applicable Consumer Arbitration Rules. The Federal Arbitration Act governs this arbitration agreement. 13.3 Exclusions. This arbitration agreement does not apply to claims arising from clinical care, professional negligence, informed consent, licensure duties, patient abandonment, or other professional patient-care obligations; claims that applicable law makes non-arbitrable; individual small-claims matters that remain within small-claims jurisdiction; government enforcement; requests for urgent injunctive relief to prevent unauthorized system access or misuse of intellectual property or confidential information; or any election preserved by federal law for sexual-assault or sexual-harassment disputes. 13.4 Individual Proceedings. To the extent permitted by law, covered arbitration is conducted only on an individual basis and not as a class, collective, consolidated, or representative proceeding. If a court determines that a particular claim or remedy cannot lawfully be subject to this restriction, that claim or remedy will proceed in court to the extent required while arbitrable matters remain in arbitration where lawful. 13.5 Opt-Out. You may opt out of the arbitration provisions in Sections 13.2 through 13.4 by sending written notice within 30 days after you first accept these Terms. Include your name, the email address associated with your account or purchase, and a clear statement that you opt out of arbitration. Send it to support@sleepbalanceacademy.com with the subject line 'Arbitration Opt-Out' or mail it to the Legal Notices address. Opting out affects only arbitration and does not affect your account, purchases, or care.
Governing Law and Courts
Iowa law governs these Terms, without regard to conflict-of-laws rules, except that the Federal Arbitration Act governs the arbitration agreement. This choice does not deprive a patient or consumer of a non-waivable protection provided by the law that otherwise applies to the person's care or transaction.
For claims not subject to arbitration, the state and federal courts serving Dubuque County, Iowa may exercise jurisdiction, except where applicable law gives a person a non-waivable right to proceed elsewhere.
General Terms and Changes
If a provision is unenforceable, it will be enforced to the maximum lawful extent and the remaining provisions will remain in effect. A failure to enforce a provision is not a waiver. We may update these Terms prospectively. The effective date above identifies the current version, and material changes will be presented or communicated as required by law. A change will not retroactively alter a dispute of which SBA had actual notice before the change took effect.
Contact and Legal Notices
Customer service and general inquiries: support@sleepbalanceacademy.com Sleep Balance Academy PC 350 W 6th #151 Dubuque, IA 52004 Formal legal notices: Sleep Balance Academy PC, Attention: Legal Notices, 1749 Creek Wood Dr, Dubuque, IA 52004.
